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At a year & and a half have had enough!

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Wanetta

Junior Member
Indiana: My daughter age (30) is currently residing with me. Started out as get on your feet help. I am age (54) & own my home. It's now been about a year & a half, & no progress has been made. She is currently employed as so am I. No help though, I'm paying all the bills. She's made excuse after excuse. She also has child support coming from her check weekly. I understand all of this, but no attempt by her AT ALL has been made to try to get her own place. Now she's pretty much refusing to leave. Got a good thing going ya think? She has informed me that for me to make her leave, & because her mail comes to my residence. I would have to file for eviction. Is this true? Even though I own the home, nothing at all is in her name. Tired of footing the bill. What are my options to making her leave? I hate to do it but it's come to that point!
 


LdiJ

Senior Member
Indiana: My daughter age (30) is currently residing with me. Started out as get on your feet help. I am age (54) & own my home. It's now been about a year & a half, & no progress has been made. She is currently employed as so am I. No help though, I'm paying all the bills. She's made excuse after excuse. She also has child support coming from her check weekly. I understand all of this, but no attempt by her AT ALL has been made to try to get her own place. Now she's pretty much refusing to leave. Got a good thing going ya think? She has informed me that for me to make her leave, & because her mail comes to my residence. I would have to file for eviction. Is this true? Even though I own the home, nothing at all is in her name. Tired of footing the bill. What are my options to making her leave? I hate to do it but it's come to that point!
She is correct. You would have to legally evict her through the courts.
 

Wanetta

Junior Member
At a year & a half had enough!

If I decide to pursue this eviction, can you tell me what all entails?:(
 

Wanetta

Junior Member
At 1 year & a half have had enough!

Am I aloud by law to change my daughters mailing address through post office while I try to pursue eviction? It is my address by right legally. I own the home. She owns nothing but clothes on her back! Wow doesn't seem right for her to hold my legal home address in her power. We have no written agreement between us what so ever. She pays nothing & nothing is written in stone. She really doesn't collect mail, except for collection bills, that go straight to the trash! So what, I don't really have any rights even though she is a 30 yr old adult.
 

Zigner

Senior Member, Non-Attorney
Am I aloud by law to change my daughters mailing address through post office while I try to pursue eviction? It is my address by right legally. I own the home. She owns nothing but clothes on her back! Wow doesn't seem right for her to hold my legal home address in her power. We have no written agreement between us what so ever. She pays nothing & nothing is written in stone. She really doesn't collect mail, except for collection bills, that go straight to the trash! So what, I don't really have any rights even though she is a 30 yr old adult.
No, you cannot. She is considered a TENANT and you must follow your state's laws relating to tenancy.
 

not2cleverRed

Obvious Observer
Am I aloud by law to change my daughters mailing address through post office while I try to pursue eviction? It is my address by right legally. I own the home. She owns nothing but clothes on her back! Wow doesn't seem right for her to hold my legal home address in her power. We have no written agreement between us what so ever. She pays nothing & nothing is written in stone. She really doesn't collect mail, except for collection bills, that go straight to the trash! So what, I don't really have any rights even though she is a 30 yr old adult.
No. You are not *allowed* to do that.

What you *can* and should do is obtain a P.O. box for *yourself*. That way, if things start to get ugly after you serve her, she can't interfere with *your* mail.
 

tranquility

Senior Member
Am I aloud by law to change my daughters mailing address through post office while I try to pursue eviction?
As the others have said, no. Why? You will have to attest to this:

The person who prepares this form states that he or she is the person, executor, guardian, authorized officer, or agent of the person for whom mail would be forwarded under this order. Anyone submitting false or inaccurate information on this form is subject to punishment by fine or imprisonment or both under Sections 2, 1001, 1702 and 1708 of Title 18, United States Code.
 

FarmerJ

Senior Member
go get your own post office box first then have YOUR mail forwarded to it , remove from your home any thing that she could use to steal your identity with or buy a document safe with decent lock. Then send to her a on paper notice that says the date, her name (address) and unless your state says you have to include something else or more than her date, name , this is your notice to vacate (address) by ( date that works for your state laws ) { its going to be either a 30 day notice or whole rental period ) check your states landlord tenant links for this information. Then sign it and make extra copies , store one off premise such as at work or in a bank box so she cant destroy it and then send one copy via certified mail and say another via confirmed mail delivery. If she refuses to sign for her mail then it will be returned to your post office box where it will be safe from her destroying / tearing it up along with anything else sent to you say after you file to get her out if you have to go that route. In the end if she refuses to leave by the time the notice has expired then you will have to go to the clerk of the court in the county you live in and tell them that you sent proper notice to a tenant to vacate and they have refused to leave so now you want to evict based on them getting notice to move out and refusing to leave. The clerks advice might be limited to just very basic advice on how to fill it out if they don't have a instruction sheet. You will then pay the filing fee and follow the instructions given to you as to how to serve her or pay the sheriffs dept to serve the summons ( paying the sheriffs dept to do it means the court will not question the service should she attempt to claim she was not properly served) if you end up in court you will have to prove to the court if asked for proof that you properly served her. ( it is very important that if you send one copy of the notice to vacate by certified mail and its returned to you that you not open it but leave it sealed in original envelope so that way the court can deliver it to her since its not likely the judge is going to give a rats behind as to why she would not pick up her mail ) the court will most likely still order her to be out by x date and if she still wont leave you will want to go to the clerk of the court and order a copy of the writ of restitution . If it goes this far then what will happen is that sheriffs deputies will post that she must be out by X and if she is not then you may have to notify them and pay what ever fees there are to do it and they will come out and bodily remove her if they must in order to restore to you possession of your home/ room she occupied etc.
 

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